晚清时期中国纠纷解决机理

China's Dispute Settlement During the Late Qing Dynasty Period

晚清时期中国纠纷解决机理发生变化,体现为成文法的完善,诉讼意识的增强,和判决力度的加大。由于外来侵略和建立近代法制的压力,清朝被迫进行司法体制变革,力图建立近代司法体制。但由于政治体制和社会环境的限制,司法体制转型先天不足,未带来纠纷解决的实质飞跃。

In the late Qing Dynasty China＇s dispute settlement mechanism changed, by the enactment of the law and enhancement of the awareness of the proceedings, the judgement of the intensity increases. As to the external aggression and pressure of establishment, the rule of law in modern times, the Qing Dynasty was forced to carry out judicial system reform, in a bid to establish modern judicial system. However, due to the political system and social environment constraints, the judicial system in transition is congenitally deficient, and it did not bring the real leap forward to the solution of dispute.